Sedaghat v. Tarzana Health and Rehabilitation Center CA2/2

Filed 6/14/23 Sedaghat v. Tarzana Health and Rehabilitation Center CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

S. DAVID SEDAGHAT, B309406

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC700483) v.

TARZANA HEALTH AND REHABILITATION CENTER et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County, Michael P. Linfield, Judge. Reversed.

S. David Sedaghat, in pro. per., for Plaintiff and Appellant.

Lewis Brisbois Bisgaard & Smith, Jeffry A. Miller, Suzanne L. Schmidt and Matthew S. Pascale for Defendants and Respondents.

Plaintiff and appellant S. David Sedaghat (David)1 appeals from the trial court order dismissing the case with prejudice after the trial court granted the motion of defendants and respondents Tarzana Health and Rehabilitation Center and Savaseniorcare Administrative Services, LLC (collectively respondents), to enforce the settlement agreement pursuant to Code of Civil Procedure section 664.6.2 In order to avail oneself of the summary procedures in section 664.6 for enforcement of a settlement agreement, it is required (among other things not relevant here) that the settlement agreement must be signed by all parties to the settlement. Since we find the prerequisites of section 664.6 were not satisfied, and no waiver of that requirement was established, we reverse the order and reinstate the action.

FACTUAL BACKGROUND Nasser Sedaghat passed away while a resident at respondents’ skilled nursing facility. David in propria persona filed a form complaint in April 2018, claiming that Tarzana Health and Rehabilitation Center and Kamran Kamrava, M.D., negligently caused his father’s death. In July 2018, David retained Attorney Steward Levin, who filed a first amended complaint, alleging respondents neglected Nasser Sedaghat’s needs, resulting in personal injuries from